Written Answers Friday 10 July 2009

Scottish Executive

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it regards shellfish farmers who are farming pacific oysters in Scotland to be farming an invasive non-native species.

Roseanna Cunningham: A consultation document issued by the Scottish Government in 2006-07 proposed to add pacific oysters to schedule 9 of the Wildlife and Countryside Act 1981, which lists species whose introduction into the wild is subject to controI under the act. In the recent consultation on the proposed Wildlife and Natural Environment Bill, which includes proposals for new provisions relating to the control of invasive non-native species, the Scottish Government stated that it would publish for consultation during the summer a revised list of species proposed to be added to schedule 9. Full information is available in that consultation paper at:

  http://www.scotland.gov.uk/Topics/Environment/Wildlife-Habitats/WildNatEnvBill/ConDoc.

  Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it has any plans to officially classify or list farmed pacific oysters as an invasive non-native species and what the implications of any such classification or listing would be for oyster farms.

Roseanna Cunningham: I refer the member to the answer to question S3W-24936 on 10 July 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

  If pacific oysters were included on schedule 9 of the Wildlife and Countryside Act, owners or operators of farms would have to take measures to ensure that the species were not released to the wild.

  Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive what steps it is taking to remove invasive non-native species.

Roseanna Cunningham: The Scottish Natural Heritage Species Action Framework sets out a framework for clear targeted action against six invasive non-native species (American mink, grey squirrel (with regard to red squirrel conservation), North American signal crayfish, New Zealand pygmyweed, Rhododendron ponticum and its hybrids, and Sargassum muticum (wireweed)).

  The Invasive Non-Native Species Framework Strategy for Great Britain provides a framework focusing on prevention, early detection, and mitigation measures (where appropriate). Prevention is given the highest priority as it is recognised this is the most effective, cheapest and least environmentally damaging intervention.

  The Scottish Government sits on the GB Rapid Response Working Group which is drafting a protocol to establish a clear process for implementing rapid responses against invasive non-native species in Great Britain.

  Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive what funding it is providing for work to remove invasive non-native species and how many jobs that funding supports.

Roseanna Cunningham: There is money available to applicants through the Scottish Rural Development Programme to control a number of invasive non-native species including Japanese knotweed, giant hogweed, Himalayan balsam, Rhododendron ponticum and grey squirrels. Further details of this funding can be found at http://www.scotland.gov.uk/Topics/Rural/SRDP/RuralPriorities .

  Money has also been made available through the Scottish Natural Heritage Species Action Framework for clear targeted action against six invasive non-native species (American mink, grey squirrel (with regard to red squirrel conservation), North American signal crayfish, New Zealand pygmyweed, Rhododendron ponticum and its hybrids, and Sargassum muticum (wireweed)).

  There is no information held centrally on how many jobs this funding directly supports.

  The Scottish Government is providing one-off grant funding to support research into the feasibility of control methods for North American signal crayfish in large water bodies.

Flood Prevention

Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive when local authorities will no longer be required to produce biennial reports as required by section 6A of the Flood Prevention (Scotland) Act 1961.

Roseanna Cunningham: Local authorities should continue to produce biennial reports until such time as section 70 of the Flood Risk Management (Scotland) Act 2009, which repeals the Flood Prevention (Scotland) Act 1961, is commenced.

  Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive what reporting mechanisms local authorities will use under the Flood Risk Management (Scotland) Bill and when these will replace the biennial reports required by section 6A of the Flood Prevention (Scotland) Act 1961.

Roseanna Cunningham: The Flood Risk Management (Scotland) Act 2009 ("the 2009 Act") requires the lead local authority for each local plan district to produce a Local Flood Risk Management Plan (LFRMP) for the purposes of supplementing the District Flood Risk Management Plan (DFRMP) that will be produced by (Scottish Environment Protection Agency) SEPA. The LFRMP provides an opportunity for lead local authorities to determine and report the priorities they identify for their local plan district, as well as set out how they would implement any measures they consider necessary to mitigate flood risk.

  Between two and three years after finalising a LFRMP, the lead local authority must publish an interim report on the progress that has been made towards implementing the measures identified in the plan. A final report on progress towards implementation must be made between five and six years after the plan is finalised.

  The deadline for finalising the first LFRMPs is six months after the first DFRMP is approved in December 2015 so the deadline for finalising the LFRMPs will be mid 2016. This means that local authorities will have to produce their first interim report between 2018 and 2019. In the meantime, local authorities should continue to produce biennial reports until such time as section 70 of the 2009 Act, which repeals the Flood Prevention (Scotland) Act 1961, is commenced.

Justice

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive how many people were issued with a community service order in each year since 1997, broken down by sheriffdom.

Kenny MacAskill: : I refer the member to the answer to question S3W-25094 on 10 July 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

  John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive how many hours under community service orders were completed in each year since 1997, broken down by sheriffdom.

Kenny MacAskill: The information requested is not held centrally.

  John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive how many hours were issued under community service orders in each year since 1997, broken down by sheriffdom.

Kenny MacAskill: The available information is given in the following table:

  Persons Receiving a Community Service Order1 by Hours Sentenced and Sheriffdom Area, 1997-98 to 2007-08

  

 
Glasgow and Strathkelvin
Grampian, Highland and Islands
Lothian and Borders
North Strathclyde
South Strathclyde, Dumfries and Galloway
Tayside, Central and Fife
High Court2
Scotland3


1997-98
 
 
 
 
 
 
 
 


Number of persons
1,097
767
838
695
788
1,004
48
5,237


Total number of hours sentenced4
172,875
111,828
117,140
109,938
125,943
153,779
8,805
800,308


Average number of hours sentenced4
158
146
140
158
160
154
183
153


1998-99
 
 
 
 
 
 
 
 


Number of persons
882
721
805
655
777
941
30
4,811


Total number of hours sentenced4
138,685
106,215
116,210
107,963
117,816
141,482
5,960
734,331


Average number of hours sentenced4
158
147
145
165
152
151
199
153


1999-2000
 
 
 
 
 
 
 
 


Number of persons
784
663
697
624
656
785
45
4,254


Total number of hours sentenced4
126,052
99,136
102,188
99,585
100,740
119,315
9,385
656,401


Average number of hours sentenced4
161
150
147
161
155
153
209
155


2000-01
 
 
 
 
 
 
 
 


Number of persons
748
528
704
614
728
917
33
4,272


Total number of hours sentenced4
121,475
80,775
99,209
99,584
113,328
134,654
7,185
656,210


Average number of hours sentenced4
164
153
141
163
157
147
218
154


2001-02
 
 
 
 
 
 
 
 


Number of persons
736
643
683
605
707
910
38
4,323


Total number of hours sentenced4
118,738
94,715
97,041
97,272
112,930
135,536
8,280
664,662


Average number of hours sentenced4
162
148
142
161
160
149
218
154


2002-03
 
 
 
 
 
 
 
 


Number of persons
730
640
857
583
858
1,019
32
4,719


Total number of hours sentenced4
116,989
101,039
121,870
93,643
134,834
151,710
6,590
726,675


Average number of hours sentenced4
161
159
142
161
157
149
206
154


2003-04
 
 
 
 
 
 
 
 


Number of persons
749
600
687
681
734
826
21
4,298


Total number of hours sentenced4
117,556
95,092
98,535
110,630
115,002
119,377
4,810
661,002


Average number of hours sentenced4
158
159
143
163
157
145
229
154


2004-05
 
 
 
 
 
 
 
 


Number of persons
721
637
801
734
879
1,051
26
4,849


Total number of hours sentenced4
108,288
94,137
111,115
115,878
134,066
149,818
5,525
718,827


Average number of hours sentenced4
151
148
139
159
153
143
213
149


2005-06
 
 
 
 
 
 
 
 


Number of persons
854
631
878
851
918
1,024
27
5,183


Total number of hours sentenced4
126,562
84,325
121,656
136,672
143,000
147,670
5,260
765,145


Average number of hours sentenced4
150
134
139
162
158
144
195
149


2006-07
 
 
 
 
 
 
 
 


Number of persons
827
680
783
833
978
1,168
15
5,284


Total number of hours sentenced4
123,421
94,101
113,180
132,145
144,093
169,837
3,065
779,842


Average number of hours sentenced4
149
138
145
159
148
146
204
148


2007-08
 
 
 
 
 
 
 
 


Number of persons
991
775
832
840
1,041
1,102
12
5,593


Total number of hours sentenced4
148,142
109,360
116,828
136,162
154,869
153,120
2,530
821,011


Average number of hours sentenced4
150
142
141
162
149
140
211
147



  Source: Scottish Government court proceedings database.

  Notes:

  1. Where main penalty. Excludes probation orders with a requirement of unpaid work.

  2. For High Court cases, information on the sheriffdom is not available.

  3. 2001-02 contains one case where the sheriffdom was not known.

  4. Excludes persons who received a community service order but where information on the number of hours they were sentenced to was not known.

  Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive whether the bereaved families and survivors of the Stockline disaster will be given sight of Lord Gill’s report into the disaster prior to its publication.

Kenny MacAskill: The report will be published jointly by the Scottish ministers and the Secretary of State for Work and Pensions. It will be laid before the Scottish and UK Parliaments on the day of publication. We understand that the inquiry team will be making arrangements for the core participants and their legal representatives to have sight of the report, in confidence, before it is published.

Legal Aid

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many applications for legal advice and assistance in civil matters have been made under the legal aid scheme in each of the last five years, broken down by type of matter, and how many sanctions were granted broken down by range of amount.

Kenny MacAskill: Full details of the intimations of advice and assistance and assistance by way of representation in each of the last five financial years are contained in the statistical tables in the annual reports published by the Scottish Legal Aid Board. These can be found in the Scottish Parliament’s Information Centre (Bib. numbers 33909, 38496, 41341, 43712 and 47128).

  The following table gives the number of increases in expenditure granted by the board in relation to advice and assistance and assistance by way of representation on civil matters in 2008-09, broken down by range of amount. Because of changes to the board’s computer systems a comparable breakdown of amounts for 2004-05 to 2007-08 is not readily available.

  

Increase size range (£)
2008-09


<= 100
3,279


101 - 200
7,753


201 - 300
6,722


301 - 400
7,864


401 - 500
15,431


501 - 750
12,134


751 - 1000
5,170


1,001 – 1,250
3,292


1,251 – 1,500
2,818


1,501 – 1,750
2,950


1,751 – 2,000
1,086


2,001+
2,092


Total 
70,591

Legal Aid

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many applications for civil legal aid have been made under the legal aid scheme in each of the last five years and what percentage was granted, broken down by type of matter.

Kenny MacAskill: Full details of the applications for and grants of civil legal aid in each of the last five financial years are contained in the statistical tables in the annual reports published by the Scottish Legal Aid Board. These can be found in the Scottish Parliament’s Information Centre (Bib. numbers 33909, 38496, 41341, 43712 and 47128).

  Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many applications for civil legal aid have been made to the Highlands and Islands Civil Legal Assistance Office; how many were for advice and assistance, and how many were granted, broken down by type of matter.

Kenny MacAskill: Advice and assistance is granted by the solicitor subject to a test of the applicant’s financial eligibility. Solicitors then intimate to the board that advice and assistance has been granted.

  Applications for civil legal aid are made by solicitors to the Legal Aid Board on behalf of clients. The board grants legal aid subject to tests of financial eligibility, probable cause and reasonableness. Although its solicitors are employed by the Scottish Legal Aid Board, the Highlands and Islands Civil Legal Assistance Office applies to the board in the same way as solicitors in private practice in order to ensure that its clients are eligible for civil legal aid. It also checks whether it is possible for a solicitor in private practice to act for the client under legal aid before providing services itself.

  The following tables give the numbers of intimations of advice and assistance and applications for civil legal aid made by the Highlands and Islands Civil Legal Assistance Office since it began providing services in February 2008 (it was formally opened on 5 August 2008). The information provided has been broken down by the groupings used in the Scottish Legal Aid Board’s annual report.

  For civil legal aid, the difference between the number of applications and grants does not necessarily equate to the number of applications which have been refused. There may be applications which have not yet been assessed or for which additional information is required in order to enable assessment to be completed.

  Advice and Assistance

  

Annual Report Grouping
Intimations


Adults with incapacity
9


Aliment/Child Support Agency
4


Antisocial Behaviour Orders (ASBO)
7


Breach of contract
1


Children (Scotland) Act
20


Contact
28


Contempt of court
1


Criminal Injuries Compensation Authority
2


Divorce
11


Employment
4


Employment Tribunals
1


Family/matrimonial-other
15


Hire purchase/debt
8


Housing
23


Interdict/harassment/non-harassment
35


Mental health
2


Other
26


Power of attorney
1


Recovery of heritable property
10


Residence
18


Separation
8


State benefit
1


Total
235



  Civil Legal Aid

  

Annual report grouping
Applications
Grants


Adults with incapacity
4
4


Appeals
11
5


Debt
5
0


Family/matrimonial
75
58


Housing/recovery of heritable property
10
5


Other
9
5


Reparation
1
0


Total
115
77

Legal Aid

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many applications for civil legal advice have been made to the civil legal assistance service in Argyll and Bute; how many were for advice and assistance, and how many were granted, broken down by type of matter.

Kenny MacAskill: Advice and assistance is granted by the solicitor subject to a test of the applicant’s financial eligibility. Solicitors then intimate to the board that advice and assistance has been granted. Applications for civil legal aid are made by solicitors to the Scottish Legal Aid Board on behalf of clients. The board grants legal aid subject to tests of financial eligibility, probable cause and reasonableness.

  The board has directly employed a solicitor in Argyll and Bute since August 2006. However, this comprises two distinct phases of activity. During the initial phase (between February 2007 and April 2008) when the project delivered services with Argyll and Bute Council, it did not focus exclusively on casework and clients had to be referred by a local partner agency. In the second phase, since April 2008, the solicitor has focussed more on providing direct casework services to residents of Argyll and Bute who are having difficulties finding legal help or the services of a solicitor and who are eligible for civil legal assistance.

  The following tables give the numbers of intimations of advice and assistance and applications for civil legal aid made by the Civil Legal Assistance service in Argyll and Bute, since its opening in November 2006. The information provided has been broken down by the groupings used in the Scottish Legal Aid Board’s annual report.

  For civil legal aid, the difference between the number of applications and grants does not necessarily equate to the number of applications which have been refused. There may be applications which have not yet been assessed or for which additional information is required in order to enable assessment to be completed.

  Advice and Assistance

  

Annual Report Grouping
Intimations


Adults with incapacity
1


Aliment/Child Support Agency
3


Breach of contract
2


Children (Scotland) Act
11


Complaints against professional bodies
1


Contact
4


Divorce
5


Employment
5


Employment Tribunals
1


Family/matrimonial-other
6


Hire purchase/debt
8


Housing
4


Immigration and asylum
1


Interdict/harassment/non-harassment
5


Other
2


Recovery of heritable property
9


Reparation
2


State benefit
2


Wills/executry
1


Total
73



  Civil Legal Aid

  

Annual Report Grouping
Applications
Grants


Adults with incapacity
1
1


Debt
5
2


Family/matrimonial
11
7


Housing/recovery of heritable property
7
4


Other
1
1


Reparation
3
1


Total
28
16

Legal Aid

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many solicitors’ practices provide legal aid services in civil matters and how many have undertaken such work in each of the last five years, broken down by parliamentary region.

Kenny MacAskill: The following tables give the numbers of solicitors’ firms which have submitted intimations of advice and assistance and applications for civil legal aid in each of the last five financial years, broken down by parliamentary region. The Scottish Legal Aid Board does not have geographic information for all branches of all solicitors’ firms. As a result, there may be a slight discrepancy between the national figure and the sum of regional totals in any given year.

  Intimations of Advice and Assistance

  

 
2004-05
2005-06
2006-07
2007-08
2008-09


Central Scotland
133
114
115
109
98


Glasgow
248
229
229
204
192


Highland and Islands
80
67
57
54
47


Lothians
116
106
91
81
78


Mid Scotland and Fife
126
120
109
102
91


North East Scotland
127
116
107
106
97


South of Scotland
122
111
100
89
90


West of Scotland
106
97
95
88
84


Scotland
1,059
961
903
834
779



  Civil Legal Aid Applications

  

 
2004-05
2005-06
2006-07
2007-08
2008-09


Central Scotland
98
96
89
90
84


Glasgow
167
171
166
172
163


Highland and Islands
55
51
48
44
42


Lothians
82
82
73
67
67


Mid Scotland and Fife
97
99
93
87
86


North East Scotland
94
96
88
88
86


South of Scotland
87
90
80
73
76


West of Scotland
83
83
82
75
68


Scotland
765
769
719
697
672

Legal Aid

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many attempts to defraud and abuse legal aid have been identified in each of the last five years.

Kenny MacAskill: Table 1 gives details of the numbers of cases of suspected fraud or abuse by applicants investigated by the Scottish Legal Aid Board (SLAB) in each of the last five financial years.

  Table 1: Applicant Investigations

  

 
2004-05
2005-06
2006-07
2007-08
2008-09


Number of cases investigated
923
692
1,052
1,073
656


Disposals:
 
 
 
 
 


Terminated
194
101
168
224
64


Warning letter/Reassessment
363
253
342
309
153


Legal aid refused
70
48
49
33
27


Application abandoned
42
39
32
47
27


No further action
136
129
228
248
223


Allegation not founded
93
89
184
154
105


Reported to the Crown Office (Court-granted Solemn)1
0
0
0
2
0


Advice and Assistance cases2
25
33
49
56
57



  Notes:

  1. SLAB does not have regulatory power to terminate the award, or to recover the funding already provided, where legal aid has been granted by the court in respect of a solemn criminal offence. SLAB can ask the sheriff to reconsider whether he would have granted, given the full financial circumstances subsequently known. Criminal prosecution is then required to recover the money. In two cases in 2007-08 sheriffs considered that they would not have granted legal aid had they known the full financial circumstances. Other cases where the sheriff considered that legal aid should still have been granted are included under "no further action".

  2. These are cases where recovery of legal aid costs is sought from the applicant because he or she has refused to cooperate with SLAB or has provided false information.

  Table 2 gives details of the numbers of cases of suspected fraud or abuse by solicitors investigated by the Scottish Legal Aid Board in each of the last five financial years, along with the number of reports made to the Law Society and Crown Office. Several investigations by the board have run over a number of years, and once a case is reported to the Law Society or Crown Office additional work by the board may be required for a considerable time. The number of cases being actively pursued at any point in time by the board and/or by one of the external agencies is, therefore, higher than shown in the following table.

  Table 2: Solicitor Investigations

  

 
2004-05
2005-06
2006-07
2007-08
2008-09


Number of cases investigated
80
152
178
152
150


Disposals:
 
 
 
 
 


Repayments
18
62
127
115
128


Reported to the Law Society
5
1
2
1
0


Reported to the Crown Office
4
0
3
1
0


Criminal firms de-registered
0
1
2
0
0

Scottish Environment Protection Agency

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive what its response is to concerns that the Scottish Environment Protection Agency (SEPA) did not advertise adequately the need for householders to register private septic tanks before the deadline of the end of May 2009 and, in particular, that it did not use local newspapers to advertise this requirement.

Roseanna Cunningham: This is an operational matter for the Scottish Environment Protection Agency, and I have asked the Chief Executive, Dr Campbell Gemmell, to write to you.

  Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive whether it will urge the Scottish Environment Protection Agency (SEPA) to extend the deadline for the period when householders can register private septic tanks without incurring a fee.

Roseanna Cunningham MSP: I refer the member to the answer to question S3W-24497 on 10 June 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Correction

The reply to question S3W-24590 which was originally answered on 15 June 2009, has been corrected: see page 6809 or http://www.scottish.parliament.uk/business/pqa/wa-09/wa0202.htm.